DRAFT 9-3-14Delineations (Issue #4)1
from 8/7/14 CAG meeting
CAG Participant: Please indicate your selection below so that DEQ may have a better understanding of consensus/non-consensus.
I agree with the revisions shown here.
I generally agree with the revisions shown here but have the following suggestions (please mark text or submit suggestions otherwise).
I do not agree with the revisions shown here because (please tell us why).
CHAPTER 210
VIRGINIA WATER PROTECTION PERMIT PROGRAM REGULATION
Part I
VWP Permit Program Definitions, Exclusions, Prohibitions and Requirements
9VAC25-210-10. Definitions.
Unless a different meaning is required by the context, the following terms as used in this chapter shall have the following meanings:
"Open water" means an area that, during a year with normal patterns of precipitation, has standing water for sufficient duration to establish an ordinary high water mark. The term "open water" includes lakes and ponds but does not include ephemeral waters, stream beds, or wetlands.[source: 9VAC25-690-10]
"Ordinary high water mark" means a line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. [source: 9VAC25-690-10]
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 401 of the Clean Water Act.
Historical Notes
Derived from VR680-15-02 § 1.1, eff. May 20, 1992; amended, Virginia Register Volume 16, Issue 25, eff. September 27, 2000; Volume 17, Issue 21, eff. August 1, 2001; Volume 23, Issue 21, eff. July 25, 2007; Volume 24, Issue 9, eff. February 6, 2008; Volume 25, Issue 5, eff. December 10, 2008.
9VAC25-210-45. Wetland delineationSurface waters delineations.
- Wetlands. Each wetland delineation shall be conducted in accordance with the USACE United States Army Corps of Engineers (USACE) "Wetland Delineation Manual, Technical Report Y-87-1, January 1987, Final Report" (Federal Manual) and any regional wetland supplements approved for use by USACE. TheThese Federal ManualManuals shall be interpreted in a manner consistent with USACE guidance and the requirements of this regulation, and any delineation guidance adopted by the board as necessary to ensure consistency with the USACE implementation of delineation practices. USACE regulatory guidance letters or DEQ policy or guidance may be used to supplement preparation of wetlands delineations.
- Other surface waters. Delineations for surface waters other than wetlands may be conducted in accordance with USACE or DEQ policy or USACE or DEQ guidance and shall take into consideration the location of an ordinary high water mark, if applicable. Other surface waters include, but are not limited to, isolated wetlands, ditches, streams, open water, or areas of submerged aquatic vegetation.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 21, eff. August 1, 2001.
Part II
VWP Permit Application and Development
9VAC25-210-80. Application for a VWP permit.
B. Informational requirements for aall VWP Permit Application, except applications for minor surface water withdrawals or Applications are identified in this subsection with the exception of applications foremergency VWP permits to address a public water supply emergency, which shall submit the information required in 9VAC25-210-(tbd). In addition to the information in this sub-section, applications involving a surface water withdrawal or a Federal Energy Regulatory Commission (FERC) license or re-license shall also submit the information required in 9VAC25-210-(tbd). The board shall request additional information as needed to evaluate compliance with this chapter.
1. A complete VWP permit application, at a minimum, consists of the following information:
[e]. Name of the city or county where the project occursThe following information for the project site location, and for the compensatory mitigation site, if applicable:
[pending] (6) GIS-compatible shapefile(s) of the project boundary, all surface waters, and all preservation areas on the site(s), unless otherwise approved by or coordinated with DEQ, that contain a minimum of two (2) coordinate pairs (grid ticks or property corners). The GIS-compatible shapefile(s) must contain:
i.the Virginia Coordinate System of 1983, North Zone, U.S. Survey Feet (FIPS 4501 or 4502);
ii.a projections (.prj) file for each shapefile; and
iii.closed polygons with attribute data.
[h]. Materials assessment. If dredged material from on-site areas or fill material from off-site areas is involved, the applicant must provide evidence or certification that the material is free from toxic contaminants prior to disposal, or that the material, if not free of contaminants, will be placed in an approved disposal area. If applicable, the applicant may be required to conduct grain size and composition analyses, tests for specific parameters or chemical constituents, or elutriate tests on the dredge material. A discussion of all impacts proposed to surface waters, including the type of activity to be conducted in surface waters; any physical alteration to surface waters; and all surface water impacts associated with the project. Surface water impacts are to be identified as follows:
(1) Wetland impacts quantified (by type in acres or square feet) and identified according to their Cowardin classification.
(2) Stream impacts quantified (in linear feet and square feet) and identified according to their Cowardin classification and assessed using the Unified Stream Methodology or most current accepted DEQ stream assessment methodology.
(3) Open water impacts identified and quantified (by type in square feet or acres).
(4) A copy of the preliminary or final jurisdictional determination from the United States Army Corps of Engineers (USACE), United States Department of Agriculture Natural Resources Conservation Service (NRCS), or DEQ, or other correspondence from the USACE, NRCS, or DEQ indicating approval of the boundary of applicable jurisdictional waters, including wetlands data sheets if applicable, and the latitude and longitude (to the nearest second) of the center of the project site. A determination or other correspondence provided by one agency shall not automatically convey approval by any other agency.
(5) A delineation map must also be provided that depicts the geographic area(s) of all delineated and approved surface water boundaries in accordance with 9VAC25-210-45, and that describes such areas in accordance with subsections B.1.[h](1) through (3) of this section. GIS-compatible shapefile(s) of the delineation map, following the specifications in subsection B.1.[e](6) of this Section. Wetland area (in acres) by wetland type shall be noted according to their Cowardin classification or similar terminology.[repeat of item above] This requirement may be waived by DEQ on a case-by-case basis.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from VR680-15-02 § 2.1, eff. May 20, 1992; amended, Virginia Register Volume 17, Issue 21, eff. August 1, 2001; Volume 23, Issue 21, eff. July 25, 2007.
DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-210)
Virginia Stormwater Management Handbook, First Edition, 1999, Volume I, Chapter 3, Department of Conservation and Recreation.
Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, Final Report.
Corps of Engineers Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0), April 2012.
Corps of Engineers Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), November 2010.
Forestry Best Management Practices for Water Quality in Virginia Technical Guide, Fourth Edition, 2002, Department of Forestry.
Virginia Agricultural Best Management Practices (BMP) Manual, Revised June 2000, Department of Conservation and Recreation.
Virginia Erosion and Sediment Control Handbook, Third Edition, 1992, Department of Conservation and Recreation.
Guideline for Specification of Disposal Sites for Dredged of Fill Material, 40 CFR Part 230 (Federal Register December 24, 1980).
Potomac River Low Flow Allocation Agreement, January 11, 1978, §181 of the Water Resources Development Act of 1976, Public Law 94-587, as modified on April 22, 1986.
Water Supply Coordination Agreement, July 22, 1982, an attachment to the Drought-Related Operations Manual for the Washington Metropolitan Area Water Suppliers.